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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Disabled Employee’s Part-time Request is an Unreasonable Request for Accommodation

Thursday, 29 August 2013 13:04


A certified insurance service representative sued her employer for, among other things, discrimination and retaliation claims in violation of the Americans with Disabilities Act (ADA).  The trial court dismissed her claims in favor of the employer, and on appeal, the Sixth Circuit Court of Appeals upheld the trial court’s ruling.  Significantly, the court found the employer was justified in terminating the service representative because she could not work full time, and working full time was an essential job function.


The Death Knell of Wage and Hour Class Actions?

Wednesday, 28 August 2013 15:57


The United States Supreme Court recently handed down a decision on individual arbitration and class action waiver provisions in commercial agreements, which presents significant new obstacles to class litigation in the area of wage and hour lawsuits where, due to the nature of the claims and minimal individual damages, class litigation is commonplace.


“Savings clause” Did Not Save Chilling Effect of Social Media Policy

Monday, 26 August 2013 11:29


According to an Advice Memorandum released by the National Labor Relations Board (NLRB), a “savings clause” in an employer’s unilaterally implemented social media policy did not actually save overbroad provisions which could reasonably be interpreted to chill the exercise of Section 7 activity in violation the National Labor Relations Act (NLRA).


Another Ruling in Favor of Contraception Mandate

Monday, 26 August 2013 10:03


Another Favorable Ruling for Contraception Mandate By Sean McLean  Under our new health care reform laws, employers offering health insurance to their employees are required to cover women's preventative health services, which include a full range of Food and Drug Administration-approved contraception methods, sterilization procedures, and patient education and counseling for women with reproductive capacity (referred to in this article as the "Contraception Mandate").  An employer's failure to comply with these requirements can result in a $100 per day penalty for each violation.  This penalty does not apply to non-profit religious organizations, as they are exempt from compliance with the Contraception Mandate.  A U.S. District Court in Pennsylvania recently determined this same exemption does not apply to a for-profit company whose owners object to the Contraception Mandate for religious reasons.


Supreme Court Finally Defines “Supervisor” for Discrimination Cases

Thursday, 15 August 2013 08:41


The U.S. Supreme Court has clarified and narrowed the definition of “supervisor” in the context of employment discrimination and harassment claims, making it more difficult for employers to be held liable in cases alleging workplace harassment.


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